Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-04-27
RAILROADERS PLEAD
AGAINST THE MISREPRESENTATION BILL
NOW BEFORE THE LEGISLATURE
Bon. ". A. QuArrisr Speaks On Behalf Of the <
and 0. ROad-Judgs Ferguson Pleads For the
c and 0-Ar. Swami Argues Against
the Proposed Measure
special Tslsgran to the Register.

House COmmlttee on RAILROADS, IN puISu-
ance to adjournment, met to-day in the
House chamber, the Senate Committee on
Railroads, by invitation, sitting with them,
and listened to arguments on the part OF
the railroads against H. B. No. IL, or the
Interstate Commerce bill with State ap-
plication.
Hon. w. A. Quarter, on the part Of the
K. & o. R. R., opened the discussion with
the statement that Gov. Wilson's claim as
to local tariffs having been doubled since
the passage Of the Interstate act, was
founded on . mistake as to his road, in
SubstantatiOn of which he filed schedules
and proceeded to read a statement of an an
alysis made. 1t showed an average decrease
of forty-one and one-tenth per cent. He
then stated that the local freight receipts
for the past month was seven hundred and
two dollars and fifty cents and taking into
consideration the cost of the fifty-six miles
of road in the State, two million dollars,
it hardly had the aspect of gouging the
people very severely. He spoke at length
on the shipments in the State, showing
that if the products and other articles OF
our State but very small quantity was
shipped from one point to another in the
State exclusively. This applied, he main
tained, to even those sections blessed with
railroads, with the exception Of Wheeling,
and that, therefore, if such was the exis-
tence of affairs, wherein laid the necessity
State legislation, when the Interstate
Commerce bill covered the whole
matter? Referring to remark
made yesterday by Governor Wilson before
the cOmmitte, Quarter stated that as Ia
the accuracy OF the schedule as it related
TO their rates, they were willing and ready
TO be sworn to them. He claimed that il
road was guilty of unjust and unfair
dealings,
No LEGISLATION WAS REQUIRED
to punish them, the Interstate Com
merce bill amply provided for reparatiOn
and punishment. He commented on
there being no demand, no pressure from
the people for the passage Of any such
measure. Taking up that portion OF the
bill providing for the Commission, their
compensation, clerk hire, ana court
expenses, he estimated q cost to the
State by its creation Of Sl2, ,5OO
annually. Taking the ground that il
was neither policy or wisdom under eX-
isting circumstances 10 incur this expense,
he deemed the bill unconstitutional, in
asmuch as the Constitution prescribes
that the legislature cannot make enact
ment OF special class laws and the regula-
ton of practice in courts of justice, apply
ing in this connection that portion of the
bill, which although granting an appeal TO
a railroad company feeling aggrieyed per
mits execution to he levied and the amount
found against them collected pending de
cisiOn thereon. He argued in connection
that while the national Interstate law did
this, there was nothing in the United State
Constitution prohibiting it., while in our
State Constitution there was.
THE COMMISSIONS PERPLEXITY.
He spoke at length of Judge Cooley 5
and the other Commissioners perpleNity
as to the law as it now is, and deemed ii
unwise to legislate on the mat
ter until some conclusion
ut least was reached by them. He spoke
elOquently and demonstrated practically
the increase in the price of land and build
ing up Of cities and towns, where before
the advent of railroads it was q worthless,
unpopulated wilderness, with illusions to
those sections OF the State not touched by
railroads, making the pertinent inquiry
whether or not il was thought that these
sections OF any one with the States inter
est at heart wanted q Legislative Chinese
war rdeclared against the very thing that was
developing and building it up. Admit
ting other States have the law, he contend
ed they had suffiCiency OF railroads and
were not like West Virginia need
iug them, and maintaining that this bill
would certainly seclude other companies
from being formed.
JUDGE FERGU son,
in behalf of the c. 4 D. railway, on the
| hypothesis OF no evidence of public de-
mand and no evidence of the necessity OF
the bill, questioned the necessity of legis-
lation in their absence. He quoted figures
of rates, showing q uniform reduction
since the passage of the Interstate law,
and further demonstrating that at any
| time the road had never charged the rates
allowed them by law. He contended
there was but three roads really in the
State, the B. < o., c. < o. and .. K.
railroads, all of which, excepting the latter,
are amenable to the Interstate Commerce
Act, and. rs the Ohio River railroad was
in immediate competition with the Ohio
river, he failed to see the crying necessity
for it. Why legislation should have
special antipathy to railroads, he could
not see, and referring to the appeal pOr-
ton, he deemed this bill in that and other
| instances, unconstitutional.
As To POOLING,
he contended if the bill was passed there
would never be any one to pool with and
| vsluESle counties would remain undevel-
Oped and inaccessible.
As to the Commission, he thought nc
one man should appoint it, especially Gov,
ernOr Wilson, whom he thought 'leetle
bit radical on railroad questions, wonder
ING in fact that he even trayele' on one.
He thought in appointing the appOintel
would be apt to appoint men of his views,
and this was fraught With great danger tC
/ TO the best interests of the State. He said
the passage of the bill meant death blow
to all plans for railroad building in oul
State and as a consequence its develop,
| ment.
He thought the sixteenth section the
most extraordinary piece oflegislation eveI
attempted. 1t denied to railroad compa
uies every right heretofore accorded by law
making in fact such a state of affairs as
could do nothing but drive every railroad
company from our State by its unreason'
able, uuwarranted, ridiculous and uncon
stitutional provisions.
! Mr.. SWAMI
/ in a short but forcible speech reviewed the
bill, its provision, and the effect it would
have from the standpoint of the good o
the State at large. He represented no road
but maintained the passage Of the bill
evidently formulated by popular delusior
without investigation, exceedingly danger
ous to our young, undeyeloped State.
Further argument will be heard to-mor
/ row.
The appropriation bill for the pay o
members of the Legislature and officers o
the Government was passed this morning
in the House.